If the tenant hasn’t left after the notice period (generally two weeks) we can apply to the court.
Generally claims under Section 8 can be issued online. Where a claim is for possession and rent arrears, there will be a court hearing before a judge. The court will issue a hearing date and send the papers to the tenant. Many tenants do not attend the hearing.
If the landlord or agent is unable to attend the hearing, the court may accept a witness statement. This can be drafted by Landlord Action, and these cases fall outside the standard fixed fees.
Landlord papers in order. Landlord Action makes a claim online.
If the landlord or agent cannot attend the hearing, the court may accept a witness statement. Landlord Action can draft this, and the fee for doing so is £350 plus VAT, which is separate from standard fixed fees.
This is not a mandatory waiting period and may sometimes last only a few hours. The court sets the hearing date and notifies the tenant in writing.
London courts are busier. If the tenant doesn’t leave, we need the bailiff which can add a further three to nine months or more.
If no defence is filed, the judge issues a 14-day possession order and court administration begins processing the file. The 14-day period runs from the date of the hearing. By the time the tenant receives written notice from the court, the possession date may already have passed. As the outcome is given at the hearing, the landlord can inform the tenant straight away.
While the tenant decides on a response there’s nothing that can be done. Most tenants leave.
The most challenging aspect of the eviction process is often the waiting. As with the notice period, some court timeframes are set by statute, while others are not fixed. They depend on court workload, administrative efficiency, and, in some cases, delays caused by the tenant. The most frustrating thing about the whole eviction process can be the waiting. Like the notice period, some court timings are statutory. Others aren’t fixed. They depend on how busy the court is, how organised the court is, and sometimes on what the tenant does to cause delay.
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